Can I return a new car to dealership if they repaired it but didn’t disclose the fact prior to purchase?

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Can I return a new car to dealership if they repaired it but didn’t disclose the fact prior to purchase?

Dealer sent me a letter to sign stating I was aware of repair a month after buying. I wasn’t aware. Repair was $ 500 and is noticeable.

Asked on May 9, 2011 under General Practice, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may well be able  to return it. When one buys a new car, it is generally understood to have *not* been previously damaged and repaired. If the dealer omitted to tell you of the damage and repair--or worse, if they affirmatively told you it was in new or pristine or undamaged, etc. condition--they may have committed fraud; fraud is the knowing misrepresentation--or omission (when one has a duty to speak or disclose information)--made to convince someone to do something like buying a car. Fraud often provides grounds to either 1) sue for damages (compensation), or 2) rescind the contract, which means in a case like this to return the vehicle and receive your money back. Good luck.


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